Erwin Land Use & Zoning Lawyer, North Carolina


Kirsten Ellefson Foyles

Land Use & Zoning, Landlord-Tenant, Real Estate, Traffic
Status:  In Good Standing           

Karen Marie Kemerait

Land Use & Zoning, Energy, Public Utilities, Administrative Law
Status:  In Good Standing           Licensed:  33 Years

Frank Craig Richardson

Land Use & Zoning, State and Local
Status:  In Good Standing           Licensed:  44 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

WORDS OF PROCREATION

Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person r... (more...)
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person receiving the property.

INURE

To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across t... (more...)
To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across the neighbor's property to get to the water. That right of way is said, cryptically, 'to inure to the benefit of Jim.'

COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

A way for married couples to hold title to property, available in Arizona, California, Nevada, Texas and Wisconsin. It allows one spouse's half-interest in comm... (more...)
A way for married couples to hold title to property, available in Arizona, California, Nevada, Texas and Wisconsin. It allows one spouse's half-interest in community property to pass to the surviving spouse without probate.

INCIDENTS OF OWNERSHIP

Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

EVICTION

Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful det... (more...)
Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful detainer.'

ILLUSORY PROMISE

A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For ex... (more...)
A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For example, if you get a new job and promise to work for three years, unless you resign sooner, you haven't made a valid contract and can resign or be fired at any time.

ARBITRATION

A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.

TESTAMENTARY DISPOSITION

Leaving property in a will.

SAMPLE LEGAL CASES

MORRIS COMM. v. BESSEMER CITY ZONING BOA

On 21 November 2005, Fairway applied to Gaston County for a building permit ("the building permit"). The building permit was issued on 13 December 2005 [1] and contained, inter alia, the following language: "This permit becomes null and void if work or construction ...

LAMAR OCI SOUTH CORPORATION v. STANLY COUNTY ZONING BOARD OF ADJUSTMENT

LAMAR OCI SOUTH CORPORATION d/b/a Lamar Advertising of Asheville, Petitioner v. STANLY COUNTY ZONING BOARD OF ADJUSTMENT and Stanly County, Respondents. ... Van Winkle, Buck, Wall, Starnes & Davis, PA, by Craig D. Justus, Asheville, for petitioner- ...

Musi v. Town of Shallotte

... We affirm. This appeal arises from a zoning decision of the Board of Alderman of the Town of Shallotte, in Brunswick County, North Carolina. ... In 2006 the subject property was subject to the zoning authority of Brunswick County, and had an R-7500 zoning designation. ...